Many BC parents want to understand how two involved guardians should structure decision making regarding their children after separation. To help separated parents we provide the following precedent for what is called the Joyce Model BC Parenting Order. Contact our child custody and parenting time lawyers to meet with us across BC and in Calgary.
Joyce Model BC Parenting Order Call 1 877 602 9900.
The claimant and the respondent share equally all of the s. 41 parental responsibilities for the child under s. 40(2) of the Family Law Act, pursuant to the Joyce model as follows:
1. In the event of the death of a guardian, the surviving guardian will be the only guardian of the child;
2. Each guardian will have the obligation to advise the other guardian of any matters of a significant nature affecting the child;
3. Each guardian will have the obligation to discuss with the other guardian any significant decisions that have to be made concerning the child, including significant decisions about the health (except emergency decisions), education, religious instruction and general welfare;
4. The guardians will have the obligation to discuss significant decisions with each other and the obligation to try to reach agreement on those decisions;
5. In the event that the guardians cannot reach agreement on a significant decision despite their best efforts, the claimant will be entitled to make those decisions and the respondent will have the right to apply for directions on any decision the respondent considers contrary to the best interests of the child, under s. 49 of the Family Law Act; and,
6. Each guardian will have the right to obtain information concerning the child directly from third parties, including but not limited to teachers, counsellors, medical professionals, and third party care givers.
7. The guardians will maintain a common exchange journal which is to be exchanged when the child is transferred to the other guardians. Each guardian is to record on a daily basis while the child is in its care matters relating to the child including:
i. School – such as events, key dates, report cards, newsletters, outings, assignments, home reading, parent/teacher meetings and homework;
ii. Health – observations of the child, child’s complaints, doctors’ appointments, dental appointments, medications, injuries, and diet;
iii. Social – invitations, activities taken and family events;
iv. Extracurricular activities – registration, schedules, equipment, and events;
vi. Key contact information for doctors, dentists, daycare, sitters, parents emergency contact numbers; and
vii. Any other matter relating to the care of the child.
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Note the bolded section which can be modified to say ” the decision shall be made by a Parenting Coordinator” or “the parties shall be at liberty to apply to Court to determine the disputed issue.” Call us now if you have questions on the Joyce Model BC Parenting Order or anything else related to Joyce Model BC Parenting Order
Parenting time and parenting responsibilities are critical to the healthy development of your children so they grow up free from stress and conflict and develop successfully to become productive members of society.
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